The sale of package tours, involving services to be provided either within the national territory or abroad, is governed — until repealed pursuant to Article 3 of Legislative Decree No. 79 of 23 May 2011 (the “Tourism Code”) — by Law 27/12/1977 No. 1084, ratifying and implementing the International Convention on Travel Contracts (CCV), signed in Brussels on 23 April 1970 — insofar as applicable — as well as by the Tourism Code (Articles 32–51) and its subsequent amendments..
By signing the proposal to purchase the package tour, the traveller expressly declares to have understood and accepted, on their own behalf and on behalf of those for whom they are purchasing the all-inclusive service, the travel contract, the notices, and these general conditions as regulated herein.
Gourmantic Italy by Alberti Giorgia (hereinafter also “Gourmantic”) is a company operating in the tourism sector as a travel agency pursuant to Article 1(4) of Legislative Decree No. 79 of 23 May 2011. Gourmantic organizes food and wine tours, using its own vehicles or licensed car rental with driver (NCC) services, within the areas of Bergamo, Brescia, Verona, Trento and surrounding provinces, and provides passenger transport and tourist escort services.
Gourmantic is registered with the Brescia Chamber of Commerce Business Register REA BS-633467 and VAT No. 04686430986.
Guarantee Fund: IL SALVAGENTE s.c. a r.l., membership document no. 2025/1-8066
Travel Liability Insurance: Unipol policy no. 1/60903/319/206148349
Gourmantic is registered with the Brescia Chamber of Commerce Business Register REA BS-633467 and VAT No. 04686430986.
Guarantee Fund: IL SALVAGENTE s.c. a r.l., membership document no. 2025/1-8066
Travel Liability Insurance: Unipol policy no. 1/60903/319/206148349
Contacts:
Registered and administrative office address: Via della Seriola Vescovada No. 22, 25129 Brescia. Note that the physical address above does not provide access to tourists or clients. All communications related to sales will take place electronically via the website with direct booking, email, or phone using the contact details below.
Phone number: +39 331 174 2633
E-mail: info@gourmanticitaly.com / giorgia@gourmanticitaly.com
Supplementary tourist service: Ancillary services such as, among others, luggage transport within passenger transport; paid parking within stations or airports; short-distance passenger transport during guided tours or transfers between accommodation and travel stations by other means; the organization of entertainment or sports activities; the provision of meals, drinks and cleaning within the accommodation; the use of bicycles, skis, and other accommodation equipment or access to on-site facilities such as pools, beaches, gyms, saunas, wellness or thermal centers, including for hotel guests; any other typical supplementary service according to local practice.
Package tour: The combination of at least two different types of tourist services for the same trip or holiday, if at least one of the following conditions is met:
In the following conditions of sale, the package tour will also be referred to as “Tour” or “Service”. The packages offered by Gourmantic are specifically divided into:
In accordance with Article 34 of the Tourism Code, before concluding the package tour contract, the Organizer shall provide the Traveller, via website or email documentation, with the following information:
a) the main characteristics of the tourist services, such as:
b) the trade name and geographical address of the Organizer, its telephone contacts and email addresses;
c) the total price of the package including taxes, fees, charges, and other additional costs;
d) the payment arrangements, including any deposit or percentage of the price to be paid as a down payment and the payment schedule for the balance, or the financial guarantees the traveller is required to pay or provide;
f) general information about passport and visa requirements;
g) information on the traveller’s right to withdraw from the contract at any time before the start of the trip in exchange for appropriate cancellation fees, or, if applicable, the standard cancellation fees required by the Organizer pursuant to Article 41, paragraph 1, of the Tourism Code;
h) information on the optional or mandatory subscription to insurance covering unilateral contract withdrawal by the traveller or assistance expenses, including repatriation, in the event of accident, illness, or death.
4.1 The booking proposal for a standard tour must be submitted via the specific online contract form available on www.gourmantic-italy.com.
4.2 The booking proposal for a customized tour must be agreed by email or through electronic acceptance of the offer sent to the Traveller or Intermediary.
4.3 The booking proposal must be confirmed by Gourmantic by means of written communication sent to the email address indicated by the Traveller or Intermediaries in the aforementioned online contract form. Without Gourmantic’s confirmation, the contract is not concluded.
4.4 Bookings are considered confirmed upon payment of the balance or deposit, depending on the selected package.
4.5 Information relating to the package tour not contained in the contractual documents, brochures, or other written communication media will be provided by the Organizer, in full compliance with the obligations under Article 37 of the Tourism Code, before the start of the trip.
6.1 Pursuant to articles 40
In the event of withdrawal from the package travel contract pursuant to paragraph 2, if the traveler does not accept a replacement package, the organizer shall refund without undue delay and in any case within fourteen days of withdrawal from the contract all payments made by or on behalf of the traveler and the provisions of Article 43, paragraphs 2, 3, 4, 5, 6, 7, 8 shall apply.
6.2 Pursuant to Article 41 of the CdT
7.1 For standard tour bookings, a cancellation penalty will be applied, as detailed below, unless otherwise specified by email or on the package description page:
7.2 For customized package bookings, the conditions for standard tours described in point 7.1 apply, unless otherwise agreed in writing and indicated at the time of booking by email and/or in the quote accepted by the Tourist/Intermediary.
7.3 A free name change is possible with written notification from the customer no later than 48 hours before the tour begins.
7.4 The tour start date and package composition cannot be changed in any way by the tourist after booking. Gourmantic reserves the right to evaluate and manage requests on a case-by-case basis, based on the advance notice of the change request and the specific conditions set by the suppliers included in the package.
7.5 For cancellations other than those caused by unforeseeable circumstances, force majeure, or failure to reach the minimum number of participants—as well as cancellations unrelated to the tourist’s refusal of the alternative travel package offered—the organizer who cancels will refund the tourist the total amount paid for the package.
8.1 Gift vouchers are valid for 12 months (365 days) from their issuance date, as indicated on the voucher itself, and can be redeemed by sending an email to info@gourmanticitaly.com, including the following information:
8.2 The request to redeem a gift voucher must be submitted at least 1 month prior to the preferred date for organizational purposes. Gourmantic will confirm availability by email within 72 hours of receiving the request.
8.3 At the time of the voucher redemption request, it is possible to request changes to the services included in the package, with the relevant cost difference to be paid by the requester. Cancellations will result in the forfeiture of the voucher. Gourmantic reserves the right to evaluate and manage such cases individually, depending on the advance notice of the date change request and the specific conditions set by the suppliers included in the package.
8.4 It is possible to extend the validity of the gift voucher for an additional 6 months by providing written notice and paying the applicable fee before the original expiration date. The applicable extension fees are:
9.1 Tourists must provide Gourmantic with the personal data requested at the time of booking for fiscal and organizational purposes.
9.2 The Tourist is also required to follow normal rules of caution and diligence and to comply with the instructions provided by the Organizer.
9.3 The Tourist shall be held responsible for any damage caused to the Organizer or third parties due to non-compliance with the above obligations. The Tourist shall also be liable for any kind of damage caused during the use of the service.
9.4 The Tourist must inform the Organizer at the time of booking of any specific personal requests that may require specific agreements regarding the organization of the trip, provided such requests can be met. This includes, in particular, the presence of pets.
9.5 The Tourist must also inform the Organizer of any special needs or conditions (pregnancy, food intolerances, disabilities, etc.), especially when requesting personalized services. The Organizer reserves the right to reject the booking if the service cannot be provided in accordance with the above-mentioned requirements, in which case the deposit paid under Articles 5.3 and 5.4 will be refunded.
10.1 The Organizer is required to provide assistance to the Tourist in accordance with professional diligence standards, solely in relation to obligations imposed by law or by contract.
10.2 The Organizer is liable for damages caused to the Tourist due to the total or partial non-fulfillment of services specified in the contract, whether the services are provided directly by the Organizer or by third-party suppliers—unless the Organizer proves that the event was caused by the Tourist (including actions independently undertaken by the Tourist during the Service), by circumstances unrelated to the provision of the agreed service, by unforeseeable events, by circumstances beyond the Organizer’s control, or by events that the Organizer could not foresee or prevent.
10.3 The Organizer is not responsible for damages suffered by the Tourist that are caused by third parties not employed by Gourmantic, or for damage to property over which Gourmantic has no control or management. Likewise, the Tourist is directly liable for any damage to people, property, or themselves, if such damage results from their own actions during the use of the Service. The Organizer is also not liable for the loss or damage of the Tourist’s belongings unless the event was caused intentionally or through gross negligence by the Organizer or its staff.
10.4 In general, the Organizer is exempt from liability (Articles 9 and 10 of the General Terms and Conditions) when the failure or partial failure to fulfill the contract is attributable to the Tourist, or when such failure is due to an unforeseeable or unavoidable event, or caused by fortuitous circumstances or “force majeure.”
Without prejudice to the provisions of Legislative Decree 206/2005, or where not applicable, any dispute arising from the interpretation or execution of this contract shall be governed by Italian law, and the competent court shall be that of Brescia (Italy).
The personal data—whose provision is necessary for the conclusion and execution of the contract—will be processed in accordance with Regulation (EU) 2016/679 and Legislative Decree 196/2003, pursuant to our Privacy Policy.
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, by signing the specific online contract form available on the website, the Tourist expressly approves the following clauses:
5. Price and Payment; 7. Conditions of Cancellation and Modification; 9. Tourist Obligations; 10. Organizer’s Obligations; 11. Complaints and Damage Claims; 12. Jurisdiction.
The official classification of hotel facilities is provided in the catalog or other informational material solely based on the explicit and formal indications of the competent authorities of the country in which the service is provided. In the absence of officially recognized classifications by the competent Public Authorities of EU member states to which the service refers, or in the case of facilities marketed as a “Tourist Village,” the Organizer reserves the right to provide in the catalog or brochure its own description of the accommodation, allowing for an informed evaluation and subsequent acceptance by the Tourist.
The Organizer is liable for damages caused to the Tourist due to the total or partial non-performance of the contractual services, whether these are carried out by the Organizer directly or by third-party service providers—unless the Organizer proves that the event was caused by the Tourist (including independently taken initiatives during the course of the travel services), by an unforeseeable or unavoidable act of a third party, by circumstances unrelated to the performance of the contractual services, by unforeseen events, force majeure, or by circumstances which the Organizer, with professional diligence, could not reasonably foresee or resolve.
The intermediary through whom the travel package was booked is not, under any circumstances, responsible for obligations related to the organization and execution of the trip, but is solely liable for obligations arising from its role as intermediary, and in any case within the limits set forth by the applicable laws, including the guarantee obligations under Article 50 and the exemption under Article 46 of the Tourism Code.
Compensation under Articles 44, 45, and 47 of the Tourism Code and the related limitation periods are governed by those provisions and, in any case, are limited by the CCV, the International Conventions governing the services included in the travel package, and Articles 1783 and 1784 of the Italian Civil Code—except for personal injury, which is not subject to predetermined limits.
The Organizer shall promptly provide all necessary assistance to the Tourist in difficulty, in accordance with the principle of professional diligence and only regarding the obligations imposed by law or by contract. This is without prejudice to the Tourist’s right to compensation in the event that the improper performance of the contract is attributable to the Organizer.
The Organizer and the intermediary are exempt from their respective liabilities (Article 15 of these General Conditions) when the failure or improper performance of the contract is attributable to the Tourist, is due to an unforeseeable or unavoidable act of a third party, or is caused by unforeseen events or force majeure.
Unless expressly included in the price, it is possible and advisable to take out specific insurance policies at the time of booking to cover expenses arising from the cancellation of the package, accidents and/or illnesses—including repatriation costs—and the loss and/or damage of luggage.
Rights arising from these insurance contracts must be exercised directly by the Tourist against the respective Insurance Companies, under the terms and conditions set out in the policies themselves, as published in the catalogs or brochures provided to Tourists at the time of departure.
Pursuant to Article 67 of the Tourism Code, the Organizer may propose alternative dispute resolution mechanisms to the Tourist—via catalog, documentation, website, or other means. In such cases, the Organizer will specify the type of resolution proposed and the consequences of accepting it.
Pursuant to Articles 50–51 of the Tourism Code
20.1 Organized travel contracts are backed by appropriate guarantees provided by the Organizer and the Intermediary, which—whether for international travel or domestic travel—ensure the refund of the amount paid for the purchase of the travel package and the immediate return of the Tourist in case of insolvency or bankruptcy of either the Intermediary or the Organizer. The legal entity responsible for providing the guarantee on behalf of the Organizer will be identified in the catalog and/or on the Tour Operator’s website, and may also be stated in the booking confirmation issued to the Tourist/Traveler.
20.2 The Organizer reserves the right to amend, update, or supplement these Terms and Conditions at any time to reflect changes in regulations, technical requirements, or operations. Any modifications will be communicated to the Tourist by publishing them on the website www.gourmantic-italy.com and, where necessary, by sending a notice to the email address provided at the time of booking. The changes will take effect from the date specified in the notice, or—if unspecified—15 days after publication on the website. Clients who do not accept the changes may withdraw from the contract without penalties within that period, unless they have already used the booked services. Continued use of the Organizer’s services after the changes take effect implies acceptance of the new Terms and Conditions.
20.3 The seller is responsible for executing the mandate given by the traveler under the travel brokerage contract, regardless of whether the service is provided directly by the seller, by its auxiliaries or employees acting within the scope of their duties, or by third parties used in the process. Fulfillment of the assumed obligations must be evaluated based on the diligence required for the corresponding professional activity.
20.4. 20.4 The professional is liable for errors due to technical defects in the booking system that are attributable to them, and, if they have accepted responsibility for organizing the booking of a package or linked travel services, for errors made during the booking process.
20.5. The professional is not liable for booking errors attributable to the traveler or due to unavoidable and extraordinary circumstances.
20.6 The National Guarantee Fund, established for the protection of consumers holding a contract, covers the following in the event of declared insolvency or bankruptcy of the intermediary or the organizer:
The Fund must also ensure the immediate financial means for the repatriation of tourists from non-EU countries in emergencies, whether or not attributable to the Organizer’s actions.
The Fund’s intervention procedures are defined by the Prime Ministerial Decree of 23/07/1999, No. 349. Claims to the Fund are not subject to any statute of limitations. The Organizer and Intermediary contribute to the Fund in accordance with Article 51(2) of the Tourism Code, through the mandatory insurance premium, a portion of which is allocated to the Fund under the terms of Article 6 of Ministerial Decree 349/99.
20.7 During the Tour, photos and videos of the Tourist may be taken, including for promotional purposes. Upon purchasing the travel package, the Tourist may sign and authorize the Organizer to use such photos and videos as outlined in the specific consent document for the processing of personal data contained in images intended for publication and distribution.
Contracts concerning the provision of only transport services, only accommodation services, or any other separate travel service, which cannot be considered as a travel package or organized travel arrangement, are governed by the following provisions of the International Convention on Travel Contracts: Article 1, nos. 3 and 6; Articles 17 to 23; Articles 24 to 31 (limited to the parts of these provisions that do not refer to package travel contracts), as well as by other specific agreements relating to the sale of the individual service covered by the contract. The seller who undertakes to provide an individual travel service to third parties, including via electronic means, is required to issue the Tourist with the relevant service documents showing the amount paid, and may not in any way be considered a travel organizer.
The following clauses from the general terms and conditions for the sale of travel packages (as previously stated) also apply to these contracts: Article 6, paragraph 1; Article 7, paragraph 2; Article 13; Article 18.
The application of these clauses in no way implies that the services qualify as a travel package. Any terminology in the aforementioned clauses that refers to package travel (e.g., organizer, trip, etc.) should be understood as referring to the corresponding roles in the context of contracts for individual travel services (e.g., seller, stay, etc.).
